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How to Respond to an Employment Discrimination Complaint

If the Texas Workforce Commission (TWC) or the U.S. Equal Employment Opportunity Commission (EEOC) receives an employment discrimination complaint from an employee at your business, how should you respond?  It is important to know how to respond to such a complaint, and to understand the necessary steps to take to protect your business and remain in compliance with state and/or federal law. The TWC provides details for businesses and employers on how to respond to employment discrimination complaints made to the agency, and our Frisco employment law attorneys can provide you with more information. Understand Why an Employment Discrimination Complaint Read more
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Could You Discriminate Unintentionally When Using AI for Hiring?

Businesses in Texas and across the country are increasingly relying upon artificial intelligence (AI) in recruiting and hiring new employees, yet questions concerning the ethical and potentially discriminatory use of AI has arisen in various industries. Particularly with a shift to more remote work as a result of the COVID-19 pandemic, if your Texas business is currently using AI for recruiting and hiring, or if you are considering the possibility of relying on AI to recruit or hire new workers, do you need to be concerned about the possibility of AI-related discrimination against women or minorities? According to an article Read more
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New Requirements for Federal Contractors in 2022

Employers in Texas engaged in work as federal contractors or subcontractors need to learn about new employment law requirements affecting federal contractors in 2022. If your business takes on federal contracts or is classified as a federal contractor, you might already be familiar with certain requirements from 2021. Yet there is more to be aware of in 2022. Beginning in 2022, there are new requirements for federal contractors, and Texas businesses need to know what to do in order to remain in compliance. Our Frisco employment law attorneys can speak with you today about any compliance questions you have. In Read more
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Are-Alcoholism-and-Drug-Use-Disabilities-Under-the-ADA

Are Alcoholism and Drug Use Disabilities Under the ADA?

Dustin Paschal here with Simon Paschal Says. Today we’re going to talk about basically the Americans with Disabilities Act with respect to both alcoholism and drug addiction or drug use. Now both drug addiction, drug use, and alcoholism are protected disabilities under the Americans with Disabilities Act. They are considered disabilities, but there are some nuances and some differences with both of those, so we wanted to go over those just kind of briefly so that employers have an understanding of how that works. So let’s start with the alcoholism piece. So alcoholism, like I said, is considered a disability Read more
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When-Can-an-Employer-Deduct-From-an-Employees-Wages-in-Texas

When Can an Employer Deduct From an Employee’s Wages in Texas?

Hey everyone, Paul Simon with the law firm of Simon Paschal. Welcome to Simon Paschal Says. Today, we’re going to add answer the question of when can an employer deduct from an employee’s wages? Deducting from wages generally takes into account two different laws here in the state of Texas. One is the Texas Payday Law Act and the other is the Fair Labor Standards Act, the FLSA. What the FLSA governs is minimum wage and overtime. So there’s issues when you deduct from an employee’s wages and take that employee under minimum wage or don’t pay them their overtime Read more
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Do-I-need-to-pay-my-Texas-employees-for-jury-duty

Are Employers Required to Pay Texas Employees for Jury Duty?

Hey everyone. It’s Paul Simon with the law firm of Simon Paschal. Welcome to Simon Paschal Says, our video tips series where we provide information for businesses and employers and some helpful tips that you guys can use as you go through your day and work week. Today we’re going to talk about jury duty and what the requirements are for employers regarding employees who have to serve on a jury. So the general rule, both federal and the state of Texas is there’s no requirement that an employer pays an employee when they’re on jury duty leave. The only Read more
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Does-a-Texas-Employer-Have-to-Pay-an-Intern

Does a Texas Employer Have to Pay an Intern?

Hello. Dustin Paschal with Simon Paschal, and Simon Paschal Says, our legal tip. The idea is that we want to welcome you into our office and give you the chance to get a little bit of legal information from us on different topics affecting employment law and business law. So this week, we’re going to talk about internships. We’re kind of at that period of the year when companies are seeking out interns and looking to hire interns. And the question that always comes up to us is whether or not the interns need to be paid. And so the Read more
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Final-Pay-Checks-for-Texas-Employees

Final Pay Checks for Texas Employees

Dustin Paschal here with Simon Paschal PLLC for your video tip of the week. Today we’re going to talk about separation pay or the pay that an employer owes upon employment separation. So there’s no federal rule that governs that. But at least here in Texas, the Texas Payday Act governs the employee’s final pay upon separation. And they differentiate between that final pay based on whether the termination was voluntary or involuntary. So for any involuntary termination, whether that’s firing them, laying them off, however you want to call it, the final paycheck is due to that employee within Read more
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Can-I-give-my-employees-a-holiday-ham-without-being-taxed-as-wages

Can I give employees a holiday ham without being taxed as wages?

Hey, everyone. Paul Simon with the law firm of Simon Paschal. We are here for your video tip of the week. As we get closer to Christmas and the New Year and the holiday season, we want to talk a little bit about employer holiday parties and gifts and how that impacts employees and whether or not it’s considered wages or income. Generally, we all understand that holiday bonuses, Christmas bonuses, year end bonuses, any type of bonus that you want to call it is wages and it’s taxable to the employee and the employer. But what about holiday parties? Read more